Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44183 of 2022 Arising Out of PS. Case No.-219 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== ALOK KUMAR Son of Sri Hareram Sah Resident of village - Santghat Hat, Saraiya, P.S.- Bairiya, District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-08-2022 Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner and learned counsel for the State. The petitioner has renewed his prayer for regular bail in connection with Bettiah Town PS Case No. 219 of 2021 registered under Section 414 / 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act 2016 inasmuch as earlier bail application of the petitioner vide Cr. Misc. No. 51644 of 2021 was dismissed as withdrawn by this court by order dated 15/04/2022.

Allegation in nutshell is that the motorcycle which was being driven by the petitioner was intercepted by the

Patna High Court CR. MISC. No.44183 of 2022(2) dt.31-08-2022 2/3 Police and 40 liters of illicit foreign liquor was recovered from the same.

Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged and the motorcycle in question from where the illicit liquor has been recovered does not belong to him. This fact has been stated in paragraph-7 of the present petition. He further submits that the petitioner is in custody since 23.03.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail.

Regard being had to the submissions made by the parties, taking into consideration the fact that petitioner is in custody since 23/03/2021, charge sheet has already been submitted and this is 2nd attempt for bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West

Patna High Court CR. MISC. No.44183 of 2022(2) dt.31-08-2022 3/3 Champaran at Bettiah in connection with Bettiah Town PS Case No. 219 of 2021.

(Anil Kumar Sinha, J) praful/- U T